12 2 STA T .34 12 PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8givensucht e rm s in secti o n 209 o f the H igher Ed uc a tion Hurri - cane R e l ief A ct of 200 5(P u b lic L a w1 09-1 48, 119 S tat . 2808 ) . ‘ ‘( 3 )E MERG E NCY . —T he term ‘emergenc y’ has the meaning given such term in section 102(1) of the Robert T. Stafford D isaster Relief and Emergency Assistance Act (42 U .S. C . 5122(1)). ‘‘(4) I N STI T U TI O NSO FH IGHER E D UC A TION.—The term ‘institution of higher education’ has the meaning given such term in section 101. ‘‘(5) M A J OR DISASTER.—The term ‘ma j or disaster’ has the meaning given the term in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)). ‘‘(h) EFFECTI V E DATE.—Loans p rovided to institutions of higher education pursuant to this section shall be available only with respect to major disasters or emergencies declared by the President that occur after the date of the enactment of the Higher Education O pportunity Act, e x cept that loans may be provided pursuant to this section to an institution affected by a G ulf hurricane disaster with respect to such disaster. ‘‘(i) AUTHORI Z ATION OF A P PROPRIATIONS.—There are authori z ed to be appropriated to carry out this section such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. ‘ ‘ SEC.825 . GUIDAN CE O N M EN T A LH EALTH DISCLOSU R ES F OR STU - DENT SAFET Y . ‘‘(a) GUIDANCE.—The Secretary shall continue to provide guid- ance that clarifies the role of institutions of higher education with respect to the disclosure of education records, including to a parent or legal guardian of a dependent student, in the event that such student demonstrates that the student poses a significant ris k of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault. Such guidance shall further clarify that an institution of higher education that, in good faith, discloses education records or other information in accordance with the re q uirements of this Act and section 444 of the General Edu- cation Provisions Act (the F amily Educational Rights and Privacy Act of 19 7 4) shall not be liable to any person for that disclosure. ‘‘(b) INFORMATION TO CONGRESS.—The Secretary shall provide an update to the authorizing committees on the Secretary’s activi- ties under subsection (a) not later than 180 days after the date of enactment of the Higher Education Opportunity Act. ‘‘SEC. 82 6 . RULE OF CONSTRUCTION. ‘‘ N othing in this part shall be construed— ‘‘(1) to provide a private right of action to any person to enforce any provision of this section
‘‘(2) to create a cause of action against any institution of higher education or any employee of the institution for any civil liability; or ‘‘(3) to affect section 444 of the General Education Provi- sions Act (the Family Educational Rights and Privacy Act of 1974) or the regulations issued under section 2 6 4 of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d – 2 note). 20USC1 1 6 1 l–5.Deadlin e. R e cor d s . 20 USC 1161l– 4 .
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